Appointment of a Receiver

In the Family CourtNo:

Sitting at [Place]

The Matrimonial Causes Act 1973

The Civil Partnership Act 2004

Schedule 1 to the Children Act 1989

The Inheritance (Provision for Family and Dependants) Act 1975

The Matrimonial and Family Proceedings Act 1984 and Schedule 7 to the Civil Partnership Act 2004

Delete as appropriate

The Marriage of XX and YY, or

The Civil Partnership of XX and YY, or

The Relationship of XX and YY, or

The Family of XX and YY

Adapt as necessary

After hearing [name the advocate(s) who appeared]….

After consideration of the documents lodged by the parties

(In the case of an order made without notice) After reading the statements and hearing the witnesses specified in para x of the Recitals below

ORDER APPOINTING A RECEIVER MADE BY [NAME OF JUDGE] ON [DATE] SITTING IN [OPEN COURT]/[PRIVATE]

[Delete as appropriate]

The parties

  1. The applicant is XX

The respondent is YY

The second respondent is ZZ

Specify if any party acts by a litigation friend

Definitions

  1. The “nominee” shall mean [insert full name] of [insert address], a [insert occupation]
  1. “The property” shall mean [specify].
  1. “The security particulars” shall mean [specify].

Recitals

  1. (In the case of an order made without notice)
  1. This order was made at a hearing without notice to the respondent. The reason why the order was made without notice to the respondent was [set out]
  2. The Judge read the following affidavits/witness statements [set out] and heard oral testimony from [name].
  1. (In the case of an order made following the giving of short informal notice)

This order was made at a hearing without full notice having been given to the respondent. The reason why the order was made without full notice having been given to the respondent was [set out]

  1. This is an order appointing a receiver, and giving directions as to the manner in which the receiver will carry out his role, made pursuant to Rule 69 of the Civil Procedural Rules.

Findings of the court

  1. On [insert date],[the court]/[insert name of judge] made an order requiring the respondent to [insert – for example pay a lump sum to the applicant of [insert amount] by [insert date and time]]
  1. The requirements contained in that order were set out clearly to the respondent and served personally on him on [insert date].
  1. The following attempts to enforce the order have been undertaken by the applicant.
  1. Despite these steps the amounts set out in paragraph [insert] above remain undischarged.
  1. As at today’s date, the following sums are due from the respondent:

Sums remaining due for payment under the order
Interest to the date of the order
Quantified costs incurred prior to the date of the hearing
  1. The applicant has sufficiently proved that alternative enforcement methods are unlikely to be effective.
  1. The value of the property and its likely income is as follows:

Item / Value / Likely Income
  1. The nominee appears to be a suitable person to act as receiver.
  1. The security particulars represent (pending further order) appropriate security for the appointment of the nominee as receiver to proceed.
  1. The receiver indicates that his costs of securing the discharge of the debt (together with the costs he anticipated of this hearing and the Receiver’s costs themselves) are likely to be between £X and £Y which the Court takes into account in making this appointment.

IT IS ORDERED THAT:

  1. [The nominee is appointed to act as receiver.]
  1. [The nominee shall file at court and serve on [insert] evidence that security is in place in accordance with the security particulars no later than[insert date and time]]
  1. [The nominee shall be appointed to act as Receiver from such date being no later than [insert date] that the receiver files at court and serves on [insert] evidence that security is in place in accordance with the security particulars.]
  1. The nominee shall stand as receiver in relation to the properties.
  1. He shall have control of those properties from the date of this Order.
  1. He shall be entitled to receive all rents and profits or other monies formally due to the respondent in respect of his ownership of those properties [or as appropriate]. Those formally obligated to effect payment to the respondent in respect of those properties shall from the date of service upon them of this order and until further notice from the court shall make payment of the sums due to [insert full name of the receiver] and a receipt from the receiver shall be a good and sufficient discharge of such obligations as would otherwise have been due to the respondent.
  1. The applicant shall serve notice of his appointment in the form required by [insert date and time]upon the following: [insert]
  1. The directions set out in the schedule attached hereto shall apply to this appointment to assist the nominee in proper discharge of his functions as a receiver.
  1. The parties served with the receiver’s accounts (as provided in the schedule) may apply for an order permitting the inspection of documents relevant to those accounts and/or serve notice on the receiver specifying the items in the account to which he objects, giving reasons for that objection and requiring the receiver either to notify all parties served with the accounts of his acceptance of the objection and otherwise requiring the receiver to apply for an examination of the contested item.
  1. The application shall be listed for a further hearing before a [District/Circuit/High Court] Judge at the [insert court] on [insert date] at [insert time] / [on the first open day after [insert date] with a time estimate of [insert].
  1. [The respondent shall pay the applicant’s costs of this [hearing]/[application] [summarily assessed at [insert amount]] / [to be subject to detailed assessment in accordance with the Civil Procedure Rules 1998 Part 47 if not agreed] by [insert date and time]] / [The costs of this hearing are reserved to the judge at the hearing listed at paragraph [insert] above].

Dated

SCHEDULE SETTING OUT RECEIVER’S POWERS AND OBLIGATIONS UNDER THIS APPOINTMENT

  1. The receiver will pay to [insert] the sums received in consequence of this appointment [after discharge from those monies of the disbursements reasonably incurred [and a reasonable sum on account of his costs incurred] in the discharge of this office].
  1. The receiver will file at court accounts showing all monies [received by him]/[disbursed by him]/[remitted by him] by no later than [insert date and time] [and at [yearly]/[6 monthly] intervals thereafter].
  1. Those accounts shall be served on:

-The respondent

-The applicant

-[insert others]

  1. Those served with the accounts shall have a right to inspect the papers relating to the receiver’sdischarge of this appointment and [reflected in]/[summarised] in those accounts within office hours on reasonable notice, notified to the Receiver within [insert] days of service of such accounts.
  1. If the court requires the receiver to attend court in connection with an allegation of non-compliance with any rule, practice direction or direction as to the carrying out of his duties he must do so. In default the court may terminate the appointment and/or give directions reducing the receiver’s remuneration and/or make orders as to the payment of the costs of any party.
  1. The court may give directions requiring the receiver to pay monies into court. In default or compliance with such an Order, the court may further order that interest be paid on that sum.
  1. The following further provisions shall apply to the receiver’s remuneration: [insert].
  1. The receiver may apply for further directions relating to the discharge of his functions.

Appointment of a Receiver Order